January 11, 2010, read first time and referred to Committee on Utilities & Technology.
January 25, 2010, amended, reported favorably _ Do Pass.
January 26, 2010
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.
SENATE BILL No. 313
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-1-1-16; (10)SB0313.1.1. -->
SECTION 1. IC 8-1-1-16 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 16. (a) As used in this section, "electric
utility" refers to an investor owned electric utility (as defined in
170 IAC 4-4.2-1(g)).
(b) Subject to subsections (d) and (e) and not later than July 1,
2011, the commission shall adopt rules to amend the net metering
rules adopted by the commission and codified at 170 IAC 4-4.2.
The commission shall adopt the rules required by this subsection
in the same manner as emergency rules are adopted under
IC 4-22-2-37.1. The rules adopted by the commission under this
subsection must do the following:
(1) Require an electric utility to offer net metering to all
customer classes.
(2) For net metering customers (other than residential
customers that own and operate, and schools used for any
grade from kindergarten through grade 12 that own and
operate, a generating facility that has a nameplate capacity
less than or equal to ten (10) kilowatts (kW)):
(A) Allow a net metering customer to interconnect a
facility that generates electricity from a renewable energy
resource (as defined in IC 8-1-8.8-10).
(B) Establish a maximum nameplate capacity for each net
metering customer class for purposes of interconnecting a
generating facility to an electric utility's distribution
facility.
(C) For billing purposes, provide that the kilowatt hours
generated by a net metering customer and delivered to an
electric utility may not exceed the kilowatt hours supplied
by the electric utility to the net metering customer during
a billing period.
(D) Require a net metering customer to pay all costs and
fees associated with interconnecting the customer's net
metering facility.
(3) Allow an electric utility to establish in its proposed tariff
net metering standards that exceed the standards set forth in
the rules adopted under this subsection.
In adopting rules under this subsection, the commission shall
consider the impact of interconnecting a net metering facility to an
electric utility's distribution facility on the safe and reliable
operation of the electric utility's electric grid system and on the
safety of the electric utility's employees, agents, and contractors.
(c) Emergency rules adopted under subsection (b) may not
apply to net metering agreements entered into before the effective
date of this section.
(d) Rules adopted under subsection (b) expire on:
(1) the date the rules are adopted by the commission under
IC 4-22-2-24 through IC 4-22-2-36; or
(2) January 1, 2013;
whichever is earlier.
(e) Not later than January 15, 2011, the commission shall:
(1) evaluate the net metering rules adopted by the commission
and codified at 170 IAC 4-4.2 for compliance with the
requirements set forth in subsections (b) and (c); and
(2) notify the publisher of the Indiana Administrative Code
and Indiana Register of any rules codified at 170 IAC 4-4.2
that do not comply with the requirements set forth in
subsection (b) or (c).
The publisher shall remove the rules that do not comply with this
subsection from the Indiana Administrative Code.
(f) Not later than November 1, 2011, the commission shall report
to the regulatory flexibility committee established by IC 8-1-2.6-4
on the commission's progress under subsection (d)(1) in finally
adopting, under IC 4-22-2-24 through IC 4-22-2-36, the emergency
rules initially adopted by the commission under subsection (b).
(g) This section expires July 1, 2013.
SOURCE: IC 8-1-2.6-4; (10)SB0313.1.2. -->
SECTION 2. IC 8-1-2.6-4, AS AMENDED BY P.L.62-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 4. (a) A regulatory flexibility committee is
established to monitor competition in the telecommunications industry.
(b) The committee is composed of the members of a house standing
committee selected by the speaker of the house of representatives and
a senate standing committee selected by the president pro tempore of
the senate. In selecting standing committees under this subsection, the
speaker and president pro tempore shall determine which standing
committee of the house of representatives and the senate, respectively,
has subject matter jurisdiction that most closely relates to the
electricity, gas, energy policy, and telecommunications jurisdiction of
the regulatory flexibility committee. The chairpersons of the standing
committees selected under this subsection shall co-chair the regulatory
flexibility committee.
(c) The commission shall, by July 1 of each year, prepare for
presentation to the regulatory flexibility committee a report that
includes the following:
(1) An analysis of the effects of competition and technological
change on universal service and on pricing of all
telecommunications services offered in Indiana.
(2) An analysis of the status of competition and technological
change in the provision of video service (as defined in
IC 8-1-34-14) to Indiana customers, as determined by the
commission in carrying out its duties under IC 8-1-34. The
commission's analysis under this subdivision must include a
description of:
(A) the number of multichannel video programming
distributors offering video service to Indiana customers;
(B) the technologies used to provide video service to Indiana
customers; and
(C) the effects of competition on the pricing and availability of
video service in Indiana.
(3) Beginning with the report due July 1, 2007, and in each report
due in an odd-numbered year after July 1, 2007:
(A) an identification of all telecommunications rules and
policies that are eliminated by the commission under section
4.1 of this chapter during the two (2) most recent state fiscal
years; and
(B) an explanation why the telecommunications rules and
policies identified under clause (A) are no longer in the public
interest or necessary to protect consumers.
(4) Beginning with the report due July 1, 2010, best practices
concerning vertical location of underground facilities for purposes
of IC 8-1-26. A report under this subdivision must address the
viability and economic feasibility of technologies used to
vertically locate underground facilities.
(5) Beginning with the report due July 1, 2016, and in each
report due every five (5) years thereafter, an analysis of the
impact of changes and advances in technology on the net
metering rules adopted by the commission and codified at 170
IAC 4-4.2.
(d) In addition to reviewing the commission report prepared under
subsection (c), the regulatory flexibility committee shall also issue a
report and recommendations to the legislative council by November 1
of each year that is based on a review of the following issues:
(1) The effects of competition and technological change in the
telecommunications industry and impact of competition on
available subsidies used to maintain universal service.
(2) The status of modernization of the publicly available
telecommunications infrastructure in Indiana and the incentives
required to further enhance this infrastructure.
(3) The effects on economic development and educational
opportunities of the modernization described in subdivision (2).
(4) The current methods of regulating providers, at both the
federal and state levels, and the effectiveness of the methods.
(5) The economic and social effectiveness of current
telecommunications service pricing.
(6) All other telecommunications issues the committee deems
appropriate.
The report and recommendations issued under this subsection to the
legislative council must be in an electronic format under IC 5-14-6.
(e) The regulatory flexibility committee shall meet on the call of the
co-chairpersons to study telecommunications issues described in
subsection (d). The committee shall, with the approval of the
commission, retain the independent consultants the committee
considers appropriate to assist the committee in the review and study.
The expenses for the consultants shall be paid by the commission.